Need for IPCMC to eliminate 'horror custody', says judge

KUALA LUMPUR (July 9): There is an
urgent need to seriously consider setting up an Independent Police Complaint
and Misconduct Commission (IPCMC) to investigate claims of disciplinary
offences by the police to eliminate accusations of "horror stories"
in lockups, said a High Court Judge Datuk V.T. Singham.

Singham, who retired recently, said
it was time to set up the IPCMC, as recommended by the Royal Commission for
Police Reforms, as soon as possible.

The reason being that the public and
family members of victims involved had little confidence in investigations
carried out by the police, he added.

In his 128-page written judgment
which was made available today, Singham said the recommendation for police
reforms should not be kept in 'cold storage' so that the time and money spent
on the setting up of the royal commission and production of the report would
bring greater good for the society.

"The power to investigate
allegations against police officers, particularly custodial torture or death,
must be exercised with great care, caution and circumspection...." he said
in the judgment of a suit filed by a mother of suspected car thief, A. Kugan,
who died in police custody in January 2009.

Singham said the setting up of IPCMC
was necessary due to the sharp rise in custodial violence, torture and death in
police custody so that it could be incorporated as a law.

He said there was also the
justification for urgency to protect the interests of arrested persons who were
taken into police custody.

Police officers, being custodians of
the law and public safety, should protect detainees and not to abuse their
statutory powers, he added.

He said if there was an abuse of
power by a certain police officer and if his unlawful act was not checked and
the law failed to apprehend them, the belief by such police officers that no
harm could be caused to them by any authority would forever be reinforced.

This could lead to the people to
lose faith in the prevailing law, as well as the enforcing machinery, he added.
"Custodial death should not become the rule of the day. It is heinous
crime perpetrated by the custodians of law. If custodians of the law themselves
indulged in committing such crimes then no part of the society is safe and
secured," he said.

He said if police officers became
law breakers, it would breed contempt of law and encourage lawlessness.

"In fact, it is desirable, as
well as in the interest of justice, to entrust the entire investigations
whenever there are incidents of custodial deaths or torture in police custody
or other abuse of powers by police officers to an independent agency," he
added.

On June 26, Kugan's mother, N.Indra,
won her negligence suit against the government and the police after the court
allowed her claim.

Singham awarded her RM851,700 in
damages for assault and battery, false imprisonment, misfeasance, pain and
suffering after finding that the plaintiff had established her claim against
the defendants.

In his ruling, Singham said he found
several glaring material contradictions between Khalid and other defence
witnesses in respect of the investigation into the death of the deceased.

He also held that Khalid was liable
for misfeasance in the case.

On Jan 13 last year, Indra filed the
suit seeking RM100 million in damages and named Khalid, Navindran, Zainal
Rashid, the Inspector-General of Police and the government as first to fifth
defendants, respectively.

In her statement of claim, Indra
alleged that the defendants had failed to ensure the safety, health and welfare
of her son while he was under police detention from Jan 14 to 20, 2009.

Kugan, 22, was detained as a luxury
car theft suspect. He was arrested in Puchong on Jan 14, 2009, and held
overnight at the Puchong Jaya police lock-up before police obtained a remand
order.

He was taken to the Taipan USJ, Subang
Jaya police station two days later for questioning and was found dead four days
after that.

Navindran was the only one held
responsible for Kugan's death. Last year, he was convicted and sentenced to
three years' jail.